Some advice for Property Owners from our friends at Aviva. Their risk management bods have put together this quick reference guide for Risk Management (including some legal obligations) for Property Owners. It is not always obvious what is and what isn't a legal requirement, particularly as the information doesn't always come to you - until now.
Health and
Safety for Property Owners
Introduction
The Health
and Safety at Work etc Act 1974 (Section 4) requires persons in control of
premises to make broad provisions for the health, safety and welfare of people
(including visitors and other users). These duties are described more
specifically in the Workplace (Health, Safety and Welfare) Regulations 1992 and
associated Approved Code of Practice, which establish a consistent set of
standards for most premises.
Maintenance
(Regulation 5)
The
premises, equipment and devices and systems should be maintained in an
efficient working order. Such maintenance is required for systems, equipment
and devices which could cause a risk to health, safety or welfare if a fault
occurred.
Where appropriate, a suitable system of maintenance ensures that:
a) regular maintenance including (as necessary), inspection testing,
adjustment, lubrication and cleaning is carried out at suitable intervals;
b) any potentially dangerous defects are remedied and access to defective
equipment is prevented in the meantime;
c) regular maintenance and remedial work is carried out properly; and
d) a suitable record is kept to ensure that the system is properly implemented,
and to assist in validating maintenance
programmes.
Lighting
(Regulation 8)
Good
lighting is essential in all areas, particularly stairs and corridors to enable
people to move about safely.
Cleanliness
and Removal of Waste Material (Regulation 9)
Floors and
indoor traffic routes should be cleaned weekly. Removal of waste should be
carried out as necessary by an effective method and waste should be stored in
suitable containers whilst awaiting collection.
Conditions
of Floors and Traffic Routes (Regulations 12 and 17)
Floors and
traffic routes have to cater for access and egress and movement of persons
about the premises, either as pedestrians or in vehicles arriving at or leaving
the site. Holes and defects to roadways, paths, floors and floor coverings
should be identified and repaired promptly, particularly those on staircases.
Where immediate repairs cannot be affected it may be necessary to prevent
people passing through the area or to post appropriate warnings.
Falls
and Falling Objects (Regulation 13)
The aim is
to prevent people from falling from edges and to prevent objects from falling
onto people. A variety of issues need consideration, including the provision of
fencing or covers, fixed ladders, roofwork, etc. Secure fencing will always be
required where someone could fall a significant distance, but a risk of falls
from lesser heights also needs to be considered.
Windows and Transparent or Translucent Doors, Gates and Walls (Regulation 14)
Windows and transparent or translucent surfaces in walls, partitions, doors and
gates in certain locations may pose a risk of injury. Where necessary for
reasons of health and safety, vulnerable areas need to be identified and unless
made up of safety material, protected by other means against breakage.
Transparent or translucent areas may also need to be marked or incorporate
features to make them apparent.
Any door
or gate which can be pushed open from either side should be provided with a
viewing panel to allow a clear view of the area close to both sides.
Windows,
Skylights and Ventilators and Ability to Clean Windows (Regulations 15 and 16)
Windows, skylights and ventilators which are provided for the purpose of
ventilation need to be capable of opening, closing or adjustment without risk
to health and safety. Additional controls or devices may be necessary to
protect against falls from height through or out of open windows. Arrangements
should be made to ensure that window cleaning can be carried out safely.
Doors
and Gates (Regulation 18)
Doors
should be designed so that they can be easily opened. Power-operated doors and
gates should have safety features to prevent people being struck or trapped and
where necessary, should have a readily identifiable and accessible control
switch or device so that it can be stopped quickly in an emergency. Upward
opening doors
or gates need to be fitted with an effective device to prevent them falling
back.
Electrical
Safety
Electrical
equipment should be designed and installed to a suitable standard e.g. BS7671
Requirements for electrical installations and maintained in a safe condition.
All persons carrying out work on electrical systems should be confirmed as
competent to do so.
Passenger
Lifts
Lifts
should be constructed to a suitable standard. The lift should be thoroughly
examined every 6 months by a competent person. Lifts should be adequately
maintained in accordance with the manufacturer's instructions.
Gas
Safety
All
boilers and central heating systems should be installed and serviced regularly
under contract by competent persons only. Such work on gas fired boilers should
only be done by businesses which are members of the Accrediting Body for
Installers, currently Gas Safe.
Asbestos
Owners
have a duty to manage the risk from asbestos containing materials, by
identifying the amount, location and condition; keeping records, checking its
condition and assessing the risk.
Putting a
management plan into action and providing information to anyone who is likely
to work on or disturb it.
Fire
Safety
A special
fire risk assessment should be completed for the common parts of the premises
to which occupiers, visitors, contractors and others are allowed access.
Individual occupiers will have similar duties within their own areas other than
single domestic residences
Legionnaires
Disease
Those with
responsibilities for water systems in premises are responsible for ensuring the
risk of exposure to legionella infection is assessed and that appropriate
control measures are introduced.
Outdoor
Safety
Steps and
paths should be kept in good condition and free from obstructions which may
lead to tripping hazards e.g. refuse and gardening equipment. Steps should have
a suitable handrail. Steps and paths which are used in the hours of
darkness should be provided with outdoor lighting. It is important to
consider the dangers posed by snow and ice in the winter and to take
reasonably practicable measures to remove accumulations of snow and prevent ice
forming. Checks should be made to ensure any water features do not pose a
significant risk to health and safety. Property owners may also need to
consider the risk management of trees, including risk assessments and where
appropriate routine checks by a competent person.
Contractors
All
contractors hired to work on premises have their own duties to comply with
health and safety legislation. However, they may need to be given information
about the premises to ensure their health and safety. Enquiries should be made
about the contractors own procedures so that they will not endanger themselves
or other persons.
Security
Consideration
should be given to preventing access by unauthorised persons to the premises,
either by some means of access control or by manning arrangements
Key
Action Steps
·
Arrange
for a suitable and sufficient risk assessment of the premises and activities
undertaken there
·
Establish
safe systems of work based on the findings of risk assessments
·
Carry out
regular housekeeping inspections
·
Implement
a planned preventive maintenance programme
·
Operate a
structured approach to the selection and monitoring of contractors for both
routine and occasional work
·
Keep
records of action taken
References
·
Workplace
(Health, Safety & Welfare) Regulations, 1992 - Approved Code of Practice
and Guidance L24, available from HSE Books 01787 881165.
·
Electrical
Safety and You INDG 231 HSE Books 1996.
·
Thorough
Examination and Testing of Lifts Simple Guidance for Lift Owners INDG
339 HSE Books 2001.
·
Landlords:
A Guide to Landlords Duties Gas Safety (Installation and Use) Regulations 2009 INDG
285 HSE Books 1999.
·
A short
guide to managing asbestos in premises 2002 INDG
223 HSE Books.
·
Legionnaires
disease - Essential information for providers of residential accommodation INDG376 HSE
Books 2003
·
Guidance
Note 7 - Tree Surveys: A Guide to Good Practice from the Arboricultural
Association www.trees.org.uk
